The Alibi Part1
by rulefiftyone
Summary: Kate is accused of a crime she didn't commit. Who is Kate's alibi and who really committed the crime?


**The Alibi [Part 1] -complete**

Main characters; Tony D. and Kate T. Rating K+

The bull pen was quiet and still. All the agents sat in comfortable silence, Gibbs occasionally sipping his coffee, McGee busily typing, Tony playing on his mobile and Kate… Kate was watching the clock, she was getting antsy, she was hiding a secret from the team and she didn't want anyone to find out, especially Gibbs. She feared that if Gibbs discovered the truth, and become angry for what she had covered up.

Ten minutes before she could clock out, that was all that was left, and she was counting every second. She couldn't wait to get home so she could be guilt free, she was sure that over time she would feel less guilty at work and would be able to hide it from the others. But could she hide it from Gibbs, 'he knows everything!' Kate thought to herself. Kate was dreading what the infamous Leroy Jethro Gibbs would do if he found out the truth. That was what was making her so nervous and that is why she was counting down the minutes.

'30 seconds till I clock out,' Kate thought, '29, 28, 27, 2- …' just then the elevator dinged and out stepped a rather frustrated FBI Agent, Fornell, along with two other Agents, Sacks and Crisby. 'oh crap' Kate though to herself, 'now were all gonna be here all night, lucky us' she commented sarcastically in her head.

Kate stood up ready to introduce herself to the agents when Gibbs interrupted her. "Need something Tobias?" Gibbs Questioned.

"Yeah I do." He replied to his friend, nervously, really whishing he didn't have to do this. He turned to face Kate, "Agent Todd, I need to ask you a few questions regarding the death of your boyfriend Simon Gardner." Fornell could see fear in her eye's, he thought she was innocent, but now looking in her eyes he wasn't sure, what had she done, and why was she so antsy?

"Nobody is questioning my agents Fornell, not even you." Gibbs shot back to Fornell, nobody was going to try to link Kate to his death, his agents have been framed before and there was no way in hell that that was gonna let that happen again. He knew how the FBI and NCIS were rivals and was always trying to pin stuff on each other. He wouldn't risk it not after last time. Anyways he knew she was innocent, 'Kate wouldn't do that' he thought to himself, until he looked over to see a nervous jittery Kate who was avoiding eye contact, 'no it couldn't be!' Gibbs thought. "Anyway, I can vouch for her; she's been here with me all day."

Fornell stood there silent waiting for the right moment to speak, he really didn't want to get on the wrong side of his friend Gibbs, who just so happens to be one of the best snipers in the world. He sighed and was about to speak when he was interrupted by Kate. "He..Died..When, where, how who… you don't think it was me do you Agent Fornell? Gibbs?" she turned her head round to look her boss in the eye, were they really considering that she may have killed him.

"Agent Todd you need to come with us." Fornell told Kate, who nodded, but Gibbs wasn't having any of it.

"She isn't going anywhere Tobias." Gibbs almost yelled.

"Fine, I knew that you would say that anyway. But I have no choice in the matter; the questioning can take place here if you like. But I must talk to her one to one, if you have to you can watch in observation, it's only a few Questions and it won't take long. It's just procedure to ask since it was Kate was his girlfriend."

"ex-" Kate spoke up interrupting Fornell.

"Excuse me agent Todd?" 'oh no now Gibbs is really gonna kill me, if it is Kate's ex then she's gonna be a suspect and he is gonna go mad.'

"Urm.. He's my ex-boyfriend, we broke up last week." Kate answered nervously.

"Oh boy.." Fornell was really starting to wonder who he had pissed of enough to make him do this.

"What is it Fornell, spill it out," Gibbs demanded.

"This wouldn't happen to have been on the 27th of November would it?" Fornell asked raising an eyebrow; he really hoped he was wrong for once.

"Yeah… and I know this doesn't sound good but we ended kinda badly." 'This really isn't doing anything in my favour right now.' Kate thought.

"Well, well agent Todd, that makes you our lead suspect in the murder of Simon Gardner." Sacks said to Kate with a smugness in his tone, she had always disliked that man, and now she hated him.

"Boss?" Kate questioned, wondering how he would get her out of this one.

Kate sat nervously in interrogation, twiddling her thumbs; she didn't know what to do. If she had been investigating this she would have come to the same conclusion. But she hadn't killed him, although she was glad he was dead, but she wouldn't, he may have hurt her emotionally and physically, but she wouldn't. She didn't. She kept telling herself, she knew she had gotten really drunk that night , but she was 99% sure she hadn't done it. Or 95% maybe 92%. 'oh crap' she thought, 'what if I did do it?'

Just as she had come to the realisation that she may have killed her ex, Fornell had just walked in to the NCIS interrogation room, informing her that, Gibbs, Tony, Abby, McGee, Sack and Crisby as well as Ducky and palmer were all in observation. 'God it must be really cramped in there' she thought. Knowing that they were all watching was making her more nervous. 'You have really done it this time Kate 'She thought to herself.

"Okay, first question Agent Todd, were you at Simmons house on the 27th? We have witnesses that put a women of your description at the scene around 8pm then leaving around 8:30pm after arguing and a gun shot was herd, care to explain?"

"I didn't shoot Simon, he shot me…" Kate explained.

"Oh really so how do you explain the 9mm in his chest? That would fit the description of your weapon, would it not, and I don't see any sign of injury. Was it you?" Fornell couldn't believe it; he didn't see Kate as the kind of person who would do that.

Kate stood up and rolled up her sleeve to reveal a rather large bandage to her bicep, she carefully unwound the bandage to revile a nasty gash, which had been stitched up, and by the looks of it she had done it by herself.

Meanwhile in observation Gibbs stood there even more silent that normal, trying to understand the situation. While Tony flinched at the sight of the injury, 'That son of a bitch' he thought to himself, he had known what had happened to Kate after she came to him later that night. It really angered him, but he kept his emotions in check, he had to, for Kate. Abby was crying at the sight of her friend's blood, she collapsed into McGee's arms who also tried to hold back the tears. Ducky was shocked, Kate had always seemed to be the strong one and now he had just learnt she was shot by her boyfriend, why didn't she go to the emergency room he wondered, unless she did it and didn't want to risk being caught he thought. "I am afraid that are dear Caitlin may be in some trouble." Ducky thought out loud, but was merely pointing out everyone's observations.

Kate felt a tear drop to the table. "I didn't do it, I didn't." she said, unsure if she was trying to convince herself or the agent in front of her.

"Our ME puts time of death at 4:02 am the following morning, do you have an alibi?" Fornell questioned, although the more he asked the more his brain told him to face the fact that Kate had used a gun before and had ample chance to strike revenge.

"After the I left Simons, I went to a friends' house and stayed there the night, I got drunk and pasted out and didn't wake up till 11am the following morning." Kate replied a little more confidently now. 'Okay now I know I didn't do it.' She thought, 'now I just have to get everyone else to believe it to.'

"And just who was this 'Friend'?" Fornell asked.

One word was all she said. "Tony." She briefly looked up at the observation window then looked back down at the table in front of her.

Fornell didn't know whether to believe her or not, he knew that Tony would cover for her no matter what.

Kate sensed his hesitation, "There are cameras on all entrances of Tony's building, it can prove I was there and didn't leave."

"if you're telling the truth you will be free to go, but if I find out you're lying then you will be under arrest. I will have my agents pick up the footage and await confirmation, we will find out in about 40 minutes, until then you will have to stay here, okay." He was relieved to see Kate was relaxing, he was nearly 100% sure that she hadn't killed the man, now he just had to find out who did, and why was there a lack of evidence?

Meanwhile in observation, Tony flinched when he heard Kate say the word Cameras, 'stupid, stupid' Tony thought to himself, now he had to revile his true identity in order to prevent himself going to jail, he knew that when they got hold of the tapes, that they would see him leave his building around the time of the murder, and there was good reason for it to, he was the one who killed Simon, not Kate. 'You really did it this time didn't you tony' he thought to himself. He needed to think. 30 minutes and he would be toast. "I'm gonna go for coffee." Tony lied as he walked out of observation, towards the bathroom. He flipped open his phone and pressed speed dial #1, the phone rang twice then a female voice answered him….

"DiNozzo, haven't heard from you in a long time, not a social call I see?" the lawyer, miss heart asked.

"urm.. No, actually I have a proposition for you." Tony explained, that was all she needed to hear, she knew tony well, and he needed her help.

"I'll meet you in your bull pen in 20 minutes." She said

"Am I really that predictable?" he wanted to know.

"yes, you are, I've known you for 15 years now Daniel, I know how often you get yourself in to trouble, especially with the law, funny since you're a fed." He could practically hear her smiling down the phone at her friend. "And this one's on the house see ya!"

20 minutes later…

Tony entered the bull pen to find his friend and lawyer miss heart sat at his desk. "Thanks for coming Sam, I really owe you, I think I got in a bit of a mess, I thought I covered it up, but I missed something. And now I need your help, I really don't want to go to jail, and I don't want to go back to Italy either. There's a women I love here, I can't leave her I won't. She means everything to me. so you in?"

"Of course, what did you do this time, kill civilian?" in a joking voice, smiling.

"Yeah, Kinda!" Tony announced, and watched as the smile dropped off of Sam's face.

"You did what?" she questioned Tony, he began to shift nervously.

TBC…


End file.
